Revolutionary War Pension and Bounty Land Warrant Application File W. 3795, Edmund Foster, Va.

SERVICE
NUMBER
Va.
Foster, Edmund Martha
No. 3795.
CONTENTS

(11,800)
North Carolina
Edmund Foster
of Rutherford in the State of N th Carolina who was a Private in the Company commanded by Captain Marks of the regiment commanded by Colonel Lewis in the Virginia Line, for the term of 3 years from the end of 1776 to the commencement of 1780
inscribed on the Roll of North Carolina at the rate of eight Dollars per month, to commence on the 15 th day of January 1819
Certificate of Pension issued the 14 th of June 1819 and sent to the Pensioner. W. L. Oakley
Restored to the Roll on the 19 th day of May 1827 and notification sent to Hon. S. P. Carson at Pleasant Garden Burke Co. N th C arolina Pension commencing on the 19 th of April 1827
Amount due on 4th of Sept 1827 } $ 36.26
{ Revolutionary Claim, } { Acts March 18, 1818, } { and May 1, 1820. }
File Sept. 19

New certificate issued 19 December 1827 & sent to the Pension at White Oak. Prof. see letter to the Pension & Pension agent 19 Dec 1827
Letter to Hon. J. Graham July 20 '42
James M. ...

D. W. A. Mooney Sep 17/56
Reprinted July 19/1849
3175.
North Carolina Martha Foster widow of Edmund the Foster who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 80 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 19 day of July 1849 and sent to
Hon T. L. Clingman Hoff
Recorded on Roll of Pensioners under act February 2. 1848, Page 20 Vol. 1

Edmund Foster private Colonel Lewis' Regt Virginia line 1777-3 years
On Rolls
£68.16.10
Edmund Foster Application for a pension for a son
Admitted

Edmund Foster private
Colonel Lewis' Regt Virginia Line
1777-3 years
On Roll
$68.16.10
Edmund Foster Application for a Pension John
Admitted

State of North Carolina Rutherford County
Edmund Foster states that he enlisted in the year 1777 with Capt John Marks of the 14th Regiment of Infantry of the Virginia line commanded by Col Charles Lewis for three years which time he served. That he was in the battles of Brandywine Germantown and Monmouth and at the storming of Stony Point. That in the first mentioned action he received two flesh wounds, and lost the sight of his right eye while in the service. By the small pox at which time he was offered a discharge But refused to accept of one. At the expiration of the three years he received his discharge in Philadelphia signed by Coln Febecker of the Pennsylvania line. which discharge on his Return to Virginia he deposited in the Auditor's office of that State since which time he has not been or heard of it.
Said Foster farther states that the property he possessed has been By accident and misfortune reduced to the possession of a poor piece of land of which in his best and youthfull days he could not Do more than make a support. he therefore conceives that he Needs and ought to receive the assistance of his Country and prays to be placed on the pension list of the United States agreeable to the late act of Congress -
I Emma Foster make his oath that the facts in the foregoing statement are just true to the best of my knowledge & belief. Solomon ...
State of North Carolina
Rutherford County
Isaac Patton clerk of said County Court do hereby certify that the above affidavit was duly sworn to in open Court - In testimony whereof
I have set my hand and put my hand and seal of office this 15th day of Jan y 1819 Isaac Patton

State of No Carolina } Court of Pleas Rufus Loomis } & Quarter Sessions & David Dickey } Chairman of said Court that the a foregoing action whose sig- nature is subscribed to the foregoing certificate is & was at the time of making it Clerk of said Court And I do further certify that it was proved in open Court by the oaths of two respectable witnesses that the said applicant Edmon is in law & need circumstances January 15 th 1819 D. Dickey C.M.

January Term 1819
State of North Carolina Rutherford County Personally appeared before me the subscribing Justice, John Lewis & being duly sworn. Saith that Edmund Foster did enlist in Capt. John Marks's Company, he believes in Feb. or thereabout in the year 1777 which Company was attached to the 14 th Virginia Reg. t Commanded by Col. Charles Lewis, & he the said Lewis being in the same Company & Coy. d knows that the said Foster did continue in the service until Dumfries before his three years' service, at which time this deponent was detached with a part of the Virginia line to the Southward & he believes that left the said Foster with the army which then at winter quarters near Morristown & New Jersey. Sworn to & subscribed before me this 13 th day of January 1819
Test Solomon G.
John Lewis
The applicant requests that if any communication will be made to him by the Honble Secretary of the War Department it may be directed to White Oak P. office Rutherford County N. Carolina

Deedale of Property owned by Edmund Foster now an applicant for a Pension.
Item
100 Acres of poor land worth 50 Cents per acre - - - - - $ 50-00 2 Cows worth $ 10 each - - - - - 20-00
Hogs (number not known) worth $ 5-00
Total $ 75-00
Sworn to & subscribed } before M c Logan } Chairman of the court } of Pleas & quarter sessions for } said County now in session }
Edmund Foster
Edmund Foster further states that his occupation is that of a Farmer. That his family now consists of himself his wife & four children the eldest of which is a boy about twelve years old, named Franklin, the second a girl about seven years old, and two smaller ones named Grace & Emily. That he is now infirm & incapable of supporting himself & that his infirmity is in part caused by the wounds he received at the taking of Stony Point & the battle of Brandywine and that he

is almost entirely dependent upon the industry & exertions of his wife for a support
Edmund Foster
Sworn to & subscribed } before me H M c . Logan
Chairman of the court of pleas & quarter sessions now sitting
State of North Carolina In the County Court Rutherford County 3 April Term 1827.
I Isaac Bratton clerk of said county court of pleas and quarter sessions certify that Moses Logan is at this time the Chairman of said Court; and that the above certificate made by him in his official character as well as the others attached hereto attesting the deposition of Edmund Foster are made by him in open court and are entitled to credit
In testimony whereof I have subscribed my name and affix- ed the seal of said Court at office the 19 th day of April 1827.
Isaac Bratton By D. B. Mitchell J.C.

Edmon Foster (Declaration)

SCHEDULE.
Declaration, in order to be continued on the Pension List, under the Act of May 1st, 1820.
County of Rutherford  SS  North Carolina
On this 19 th day of April 182 7 , personally appeared
in open court, (a) [being a court of record (b) for the district, circuit, county, or corporation, as the case may be,] for  said county Edmon Foster
resident in said county, aged about 48 years, who,
being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the acts of Congress, of the 18th
March, 1818, and the 1st of May, 1820; that he the said Edmon Foster
enlisted (c) for the term of Three years in the latter end of the year
of the year 1796 in the State of Virginia
in the company (d) commanded by captain John Marks in the regiment
commanded by colonel Charles Lewis in the line of the State of Virginia  14 th Regt
on the continental establishment ; that he continued to serve in
the said corps (or vessel) until the first of the year 1780 when he was
discharged from the service, in in the State of Pennsylvania ,
that he hereby relinquishes every claim whatever to a pension, except the present; that
his name has been placed on the pension list; that the number of his pension certificate
is _____ and that he never before exhibited a schedule of his property, be-
cause (e) he understood that if he possessed one hundred
dollars worth of property or more, that he could
not obtain a pension
And, in pursuance of the act of the 1st May, 1820, I do solemnly swear, (or
affirm, as the case may be,) that I was a resident citizen of the United States on the
18th day of March, 1818, and that I have not, since that time, by gift, sale, or in any
manner disposed of my property, or any part thereof, with intent thereby so to diminish
it as to bring myself within the provisions of an act of Congress, entitled "An act
to provide for certain persons engaged in the land and naval service of the United
States in the Revolutionary War," passed on the 18th day of March, 1818; and that
I have not, nor has any person in trust for me, any property, or securities, contracts,
or debts, due to me; nor have I any income, other than what is contained in the schedule
hereto annexed, and by me subscribed. (f) That, since the 18th of March, 1818,
the following changes have been made in my property. (g)  Some years back
My land was valued at one hundred dollars but
property has so fallen in value, that I cannot
get fifty dollars for it at this time
Sworn to, and declared, on the 19 th day of April before (h)  Mrs. Logan
I Isaac Bratton Clerk of Rutherford County Court
do hereby certify, that it appears, to the satisfaction of the Court, that the said
Edmon Foster did serve in the Revolutionary War, as stated in the
preceding declaration, against the common enemy, for the term of nine months, under
one engagement, on the continental establishment. I also certify, that the foregoing
oath, (or affirmation,) and the schedule thereto annexed, are truly copied from the
records of the said Court; and I do further certify, that it is the opinion of the said
Court, that the total amount in value of the property exhibited in the aforesaid schedule
is Seventy five dollars and _____ cents.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the
said Court, on this 19 th day of April 182 7
Isaac Bratton Clerk of the Court of the County of Rutherford By his Deputy N. B. White

(a) Or, in case of disability, by reason of bodily infirmity, in lieu of "in open court," insert the words "before the Subscriber, a judge, (or justice, as the case may be,) of the court of," &c.
(b) All are courts of record, within the contemplation of the act of Congress—
1st. Which are expressly made courts of record by the laws of the State which creates them;
2d. Which have been solemnly adjudged, by the tribunals of the several States, to be courts of record;
3d. Which proceed according to the course of common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings;
4th. Which have the power of fine and imprisonment.
And courts which proceed according to the course of the civil and canon law, having neither of these attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such.
(c) If the claimant was an officer, he must here state what rank he held, and insert the word "entered," in lieu of "enlisted."
(d) If the claimant served in the Navy, he must here insert the name of the ship or vessel in which he sailed, and give the name of the captain or commander.
(e) Here give sufficient reason for not making earlier application for the continuance of the pension.
(f) Here enumerate each article of real or personal estate, necessary clothing and bedding excepted, and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the Department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the 3d section of the act of the 1st May, 1820, "in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the Government, except by private or public charity.
(g) If any changes have been made, here insert an account of the property in the applicant's possession on the 18th March, 1818, and not now owned by him; of which that disposed of by sale will be in the following columns:
   Description of property. Names of the persons to whom disposed of. Time of sale. Amount of Money or Description of Property received in return.          
If the property has been sold under execution, the certificate of the sheriff, or officer making the sale, must be produced, and the manner in which the debt originated, on account of which judgment was obtained, and execution issued, should be shown by the testimony of the plaintiff, who is required to swear as to the time at which the debt was contracted; and to state for what articles, the amount of them, and whether he believes that they were applied to the exclusive use and benefit of the defendant, or person claiming a continuance on the pension roll. In every case where there has been a transfer of real estate, authenticated copies of the deed of conveyance should be exhibited; and where debts have been discharged with the proceeds of the sale of any property, the evidence of the creditors, proving the fact, is required. The creditors should state, under oath, the time at which the debts were contracted, for what articles of property, the time when they were paid, and in what way. The application of all money should be clearly shown, in like manner, by disinterested witnesses. The origin of every note, bond, or other obligation, for the payment of money, the fulfilment of a contract, or the discharge of a debt, either to, or from, the applicant, must be clearly shown, as well as the time and manner of discharging the same. The oaths of disinterested persons are required to show for what the obligations were given, for what amount, and at what time; and similar proof is required as to the discharge or cancelling of the same. Similar evidence is required in every case where property has been sold under a mortgage. The testimony of the mortgagee, as well as that of the mortgager, is required. Each should swear as to the manner in which the mortgage originated, showing the time of contracting the debt, for what consideration, and the amount thereof; and the mortgager must show how the money or property for which he became indebted, was applied. In cases where persons have held landed property, and have never had deeds for the same, the affidavits of public officers, competent to give testimony in such cases, are required. The official character and signature of the magistrate before whom the affidavits may be taken, should be certified, under his seal of office, by the County Clerk, the Mayor of the city, the Secretary of State, or by such other officer as is required by the laws and usages of the State or Territory where the evidence is taken. The officer should certify that the magistrate is a Judge, Justice of the Peace, Alderman, or other officer, as the case may be, duly qualified to administer oaths, and that the signature, purporting to be his, is genuine.
(h) Persons unable to appear in court, by reason of bodily infirmity, and who are permitted, by the act of March 1, 1823, to take the oath before a Judge or Justice of a court of record, will, in addition to the oath in ordinary cases, swear that they are not able to attend personally in court, by reason of disease, or bodily disability, as the case may be. Before the words "I                      clerk," &c. insert the following: "I a Judge, (or Justice,) of the court of                      holden in the county of                      where the declarant resides, do hereby certify, that the above named                      is, from a disease called the                      with which, I am credibly informed, and believe, he has been afflicted, for the space of                      unable to attend the court of which I am a Judge, (or Justice,) and I do not think, from present appearances, that he will be able to attend the court above named, at its next session. I have, therefore, in pursuance of the act of Congress of the 1st March, 1823, attended at his place of abode, and administered the foregoing oath. A. B. Judge," &c. Then let the clerk, in lieu of the usual certificate, write these words: "I,                      clerk of the court of                      certify that before whom the above affidavit of                      who is now sick and confined to his house, was made, is Judge as aforesaid. I also certify, that the said schedule and oath have been admitted to the record of said court, and that the same are truly copied therefrom: and I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid schedule, is                      dollars and                      cents."
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this                      day of                      18
Clerk of the Court for the                      of," &c.

North Carolina } July the 21 st day 1842 personally Rutherford County } appeared before me John Dutton and after being duly sworn according to law with on his oath make the following declaration
1 st That he knew the said Edmond Foster D d and that they were raised together in Albemarle County State of Virginia Edmond Foster & my self were in the regular Service together but did not belong to the same Regiment we served under Generals Washing & after the war was over we lived in the neighbourhood together & was married near the same time & moved to Rutherford County North Carolina in the year Eighteen Hundred & have been a neighbour to Edmond Foster since June Seventeen Hundred & Eighty four till his death which was in August 1837 the said Edmond Foster was married in Albemarle County in the State of Virginia at the time named by his widow Martha Foster we used to have our Marriages published in three times by some preacher which was the way Edmond Foster & My self was married Edmond Foster was a Pensioner at the time of his death Sworn to & subscribed on the day & year above written before
Robt G Switty J.P. Attest
his John F Dutton mark
Joel Glance

North Carolina } July 4 th day 1842 Personally appeared Rutherford County } before me Sarah Denton wife of John Denton & after being duly sworn according to law doth on her oath make the following declaration
I was raised in Albemarle County State of Virginia I knew Edmond Foster & his wife Martha They were married in Albemarle County Virginia & have lived near neighbours to us both in Virginia & in this state ever since they were married which I think was at the time set forth by Martha Foster in Seventeen hundred & eighty four they have always lived together as man & wife till the death of Edmond Foster which was the fifth day of August 1837. Sworn to & subscribed on the day and year above written before
Robt G. Galt JB Attest
her Sarah Denton mark
Isaac Black

State of North Carolina } July Court 1842 Rutherford County }
Personally appeared before me in open court Robt. G. Smith an acting Justice of the Peace for said County who being duly sworn deposed that Martha Foster the Widow of Edmund Foster was not able to appear in Court in person and neither was John Dutton nor his wife who made oath to and signed the within affidavits
Robt G Smith
Witness G. W. Logan CLK
No 8345
H. J. Graham H. R.
State of North Carolina } July Court 1842 Rutherford County }
So George W Logan clerk of the Court of Pleas and Quarter Sessions for said County certify that Robert G. Smith whose signature is to the foregoing affidavits is an acting Justice of the Peace for said County and was at the time of his signature thereof. The testimony whereof I have affixed the seal of said Court at Office and subscribed my name this 11 th July 1842
Geo. W. Logan CLK

North Carolina { on this the 4 day of July 1842 Rutherford County } Personally appeared Martha Foster a resident of North Carolina in the County of
Rutherford aged Seventy four years who being first duly sworn according to law doth on her oath shake the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838 entitled an act granting half pay and pensions to certain widows,
that she is the widow of Edmond Foster who was a private in the regular Service under Genl. Washington & went into Service in Abbeville County State of Virginia.
She Further declares that she was married to the said Edmond Foster on the 17 day of April in the year Seventeen Hundred & Eighty four that her Husband the aforesaid Edmond Foster died on the fifth day of August Eighteen Hund- red & thirty Seven that she was not married to him prior to his having the Service, but the Marriage took place previous to the first of January Seventeen Hundred & ninety four as at the time above stated
Sworn to and Subscribed on the day & year above written before
Robt G Lurty J.P. Attest
Martha Foster Widow
Seal placed

Edward Foster MR
ad 18 March 1818

North Carolina
Polk County } Be it known, that before me, R. S. Abrams clerk of the Superior Court of law in & for the said County and State, duly authorized by law to administer oaths, personally appeared Polly Foster, a resident of the County & State aforesaid who being first duly sworn according to law, states that she is a daughter of Edmond Foster, late Revolutionary pensioner deceased of Rutherford County N. Carolina under the act of Congress of 18 March, 1818, at $96 per annum and died in 1837, leaving a widow named Patsy who departed this life on the 18 May, 1849, leaving several children, that she has been informed and believes the United States are still indebted, under existing laws, for the pension due under the application heretofore made, that she is directly interested as a claimant in the pension for which application was made as aforesaid, and constitutes and appoints Genl. C. Asmus, Esq. of Washington City, D.C. her true & lawful attorney with full power and authority to examine into, investigate, and establish any and all claims he may find due for the Revolutionary services of her late father Edmond Foster due.
In witness whereof I have on this 12 July, 1856, hereunto signed my name, and affixed my seal
Isaac Ostler
Polly Foster  mark
Signed sealed acknowledged & sworn to before me in testimony whereof I have hereunto subscribed my name & affixed my seal of office this 14 day of July 1856 — R. S. Abrams clerk C.S.6

Chuk's fees 55 Cents
Hm. J. Graham H2

State of Virginia:
Albemarle County Court
I Ira Garrett Clerk of the County Court of said County do hereby certify that on the 13 th day of December Seventeen hundred and ninety three, a marriage license was issued from the Office of said Court to Edmund Foster to intermarry with Betsy Povers of said County. - And upon examination of the returns of marriages of that date I find a return made by Wm Woods. which is in the following words. —
"Edmund Foster to Betsy Povers"
I Ira Garrett above named depose and say, that I hold the office of Clerk of the County Court of Albemarle in the State of Virginia and that the above is a true extract from the records of said Court as certified by me
Ira Garrett Clerk of Albemarle County Court
Sworn to before me
William A. Bibb Justice of the peace
State of Virginia: Albemarle County Court
I Ira Garrett Clerk of the County Court of Albemarle in the state of Virginia do hereby certify that William A. Bibb whose name is subscribed to the above Certificate is an acting Justice of the peace in and for said County duly commissioned and qualified as such, and that his signature thereto is genuine. In testimony whereof I have hereunto set my name & affixed the seal of said Court this 4 th day of February 1843.
Ira Garrett cc

1400
North Carolina
Martha Foster
widow of Edmund Foster who was a Private
in the Virginia line for 2 years
Rev. Aug 8
Inscribed on the Roll at the rate of 80 Dollars ————— Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 8th day of August, 1843 and sent to Robt G. Twilly Rutherfordton N.C.
[Act of March 3, 1843.]
Recorded in Book A. Vol. 1. Page 201.

✓ 8345
N. C.
Rejected
Letter to Hon. J. Graham ✓ July 20. '42 }
act 7. July 38

Reported
7002 North Carolina
Martha Foster, widow of Edmund Foster
who was a pensioner under the Act of 1818 and who died on the 5 th August 1837 of Rutherford Co. in the State of N. Carolina who was a Private in the company commanded by Captain Marks of the regt. commanded by Col. Lewis in the Virginia line for 2 years
Inscribed on the Roll of North Carolina at the rate of 80 — Dollars Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 17 th day of February 1843 and sent to Hon. J. Graham House of Representatives.
Arrears to the 4th of March 1841 $ 400 — Semi-annual allowances ending
[Act July 7, 1838.]
Recorded by D. Brown Clerk, Book A. Vol. 2. Page 187.

11. 000 2 North Carolina
Edmund Foster
of _____ in the state of North Carolina who was a private in the regiment commanded by Colonel Denis of the Virginia line, for the term of three Years
Inscribed on the Roll of North Carolina at the rate of 6 Dollars per month, to commence on the 15 of January 1819 .
Certificate of Pension issued the 14 of June 1819 and sent to the Pension Office State North Carolina
Arrears to 4th of March 1819 $13. 41 Semi-annual all'ce ending 1st Sept 1819 48. 1 Mr 20 ann. $61. 41
{ Revolutionary claim, } { Act 18th March, 1818. }

Martha Foster of Edmund North Carolina
Suspended
See let. 8 Sept. 1842 Robert G. Smith.
Act 7 July 1838 + Resol n of Corp 16 Aug 42

Rey WIDOW, &c.  am
File No. _____
3795
Martha Foster
Wid.
Edmund Foster
Port. Rev. Wa
Act: _____
July 28/98
Index:—Vol. _____
9
Page _____
245
[Arrangement of 1870.]

J. L. Edwards Esq.
Ag o 11/11

Dr Sir
Mr Foster wishes to refer you to his former declaration & to the evidence of John Lewis who served with him Mr Lewis is a man of first standing & property, & from his statement I have no doubt of Mr Foster's being intitled to a pension
With much respect Y r Obt Servt
Sam l Carson
J L Edwards Esq r Pension Agt
P.S. I have much out Mr Foster's declaration in much haste - If the inaccuracy are attributable to me direct y r answer to me at Pleasant Gardens Burke Co Ag r N. S.

Please send me a copy of forms to Dr. W. A. Mooney. Lowens ville Soea and oblige me Yours J. L. Dorr
Hon J. Munro

Gowensville SC
Col. Orr
Dear Sir Mr Foster requested me to inquire of you what proof will proof will be necessary to secure a pension due the estate of his mother Edmona Foster (his father) drew a pension until his death which occurred about thirty years His mother lived some thirteen years after him Be kind enough to furnish me the papers or forms necessary to authorize you to collect it and I will return them soon He desires you to attend to the business & will satisfy you
Respectfully
Wm H Moore
May 10 th 1856

Rutherfordton N.C. Oct 29 - 1848
J L Edwards Esq
Dear Sir
I send you the statement of Mrs Martha Foster who is desirous of being placed on the Pension list as I filed her first declaration she has called on me to aid her again in making New County, out of Old ones in our State they have placed the old Lady in a new County as you will perceive by her Certificate the old woman is Feeble & can't live much longer & is very poor owing to her getting her House & all her things burnt up about two years since & as she is so much in need I must ask your Early attention to her case believe me there is no claim more just or more needed than hers I hope you will let her papers are entirely drawn up give an Early Certificate of the same if not write will you be so good as to let me hear from you I have not seen the act of Congress on the subject referred to
Yours respectfully
J L Edwards Esq
Robt G Turley

5 Sep 1842 Am. Miss.
Friend
FREE
J. L. Edwards Esq. Commissioner of Revenue Washington City.

Free
FREE
J. L. Edwards Esq. Commissioner of Revenue Washington City
5 Sep 1848 Am. Miss.

White Oak August 27 th 1842
I L Edwards Esq
Dr I was informed by letter from the Hon. James Graham that the claim of Mrs Martha Foster was disallowed. I have since saw some resolutions & perhaps there will be some law passed that may increase her case. If so before her papers go to me at White Oak. If the old Lady can get no allowance under no law I thought I would petition congress for her relief for I know there is no case that calls for help with more need & lessness of claim I did not trouble you with a statement of the church in which she was married I suppose it would be trouble some & perhaps the church papers may have been lost it is so long since. If the old Lady does not get help she must suffer or be sent to our poor house which would be rather a disgrace to our nation.

will you inform me whether the papers sent is filed so they can be had or will I have to pursue other settings for the he claimed I am sorry to trouble you but if you could see the affidavit delinquent of the old lady & knew her character you would see her testimony
Yours respectfully N. H. G. Smith

Feb 13. 1843
Mr. Boston
Edwards Esq.
Washington
Wm J Graham Jr.
Pa

Feb 13 1843
Mr. L. D. Edwards Esq. Boston
Washington D.C.
John Graham H.R.

HR
Feb 10 th 1843
J L Edwards Esq
Some time since I sent you a Petition for a Pension for Mrs Foster the widow of the late Edmund Foster a soldier of the Revolution. You refused the Petition as I understood, because the marriage was not satisfactorily proved. I sent your Answer to me to a gentleman who wrote me that Mrs Foster said she was married in Albemarle County Va by the Revd Mr Mundy. I shewed that letter to the Hon Mr Giles, who said the Revd Mr

Mury was now dead, that he was his uncle, and once preached above Charlottesville in Albemarle as Mr. Foster said. I thereupon got Mr Gilmer to write directly to the Clerk of the Court at Charlottesville the Court house of Albemarle to search among the old Records to see if there was any trace of the Marriage of Edmund Foster to his wife Betty, and fortunately for the poor old woman, the Clerk sent Gov Gilmer the enclosed copy of an old Record proving the very Marriage. Please read it and send me a warrant for a Pension for the old lady

I know old Ebenezer Foster and all the old soldiers said he was a first rate soldier in the Revolution.
Yours
James Graham

White Oak Dec 3rd
Free
Per: Office
18 Dec
The Honble Secretary of War
Washington

White Oak Dec. 3 rd
Free
Rev. Updegraff
18 Dec
The Hon. Secretary of War
Washington

To the Honourable James Barbour Secretary of War The petition of John Benton & Edmund Foster of Rutherford County And State of North Carolina respectfully sheweth,
That by a communication from the War Department dated the 19 th of May last they were informed that you had directed their "names to be continued on the Pension Roll" and "that they would be paid at the ensuing semi annual payment in Sept r next the sum that may be then due from the 19 th April 1827
In consequence of this information your petitioners sent powers of Attorney to Mr James Hart of the United States bank at Fayetteville (who acts in that capacity for pensioners) to draw the money due to them to September, by him we have been informed that "our names have never been returned to that office from the War department as having been restored to the Pension Roll and that we cannot draw until the agent is informed by the War Department that our names have been restored"
Your petitioners therefore respectfully pray that instructions may be given to the Agent at Fayetteville to pay the money due to them to Sept r last agreeable to the tenor of the above mentioned communication of the 19 th of May last, and your petitioners will as in duty bound &c &c
Nov r 30 th 1827
John by Benton mark Edmund Foster

Edmund Hoslers Application for a new Certificate - which he begs may be forward- ed to the Agent at Haydenville

State of North-Carolina, Rutherford — County.
ON THIS 30 th day of November 1827 before me, the subscriber, a Justice of the Peace for the said county of Rutherford County personally appeared Edmund Foster who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain John Markes in the regiment commanded by Colonel Charles Lewis in the service of the United States, that his name was placed on the Pension roll of the State of North Carolina that he received a certificate of that fact under the signature and seal of the Secretary of
War; which certificate on about the  about thirty years ago as the deponent thinks he placed in the hands of Robt B. Vance then a member of Congress for the purpose of getting him him replaced on the Pension Roll - and that a few weeks ago he made application by letter to D r Vance for the certificate
Sworn and subscribed to before me this 30 th day of November 1827 John Logan (J.P.) application to be sent to him by mail but never received any answer and that since D r Vance's death he does not know who has charge of his papers or to whom to make application Edmund Foster
State of North-Carolina, Rutherford County.
George Walton personally appeared before me, the subscriber, a Justice of the Peace of said county, and made oath that he is personally acquainted with Edmund Foster and well knows him to be the same person described in the above affidavit.
Sworn and subscribed to before me this 30 th day of November 1827 John Logan (J.P.) George Walton
I do certify that the above deponent is a person of veracity.
John Logan (J.P.)
State of North-Carolina, Rutherford County.
I Isaac Patton Clerk of the Court of Pleas and Quarter Sessions for the county aforesaid, do her by certify that John Logan Esq. is an acting Justice of the Peace for this county, and that the above is his proper signature.
Given under my hand and seal of office at Rutherfordton this 1 st day of December — 1827
Isaac Patton

North Carolina } Personally appeared before Polk County } Mr John W Hampton one of the acting Justices of the Peace for said County Martha Foster & after being duly sworn made the following declaration in order to draw a Pension under the act of Congress passed the second of February 1848 giving to widows of the soldiers of the war of the Revolution a Pension for life the State that she is the widow of Edmund Foster who was a Pensioner at his death that she drew a Pension under the act of Congress of 1843 & 1844 which lapsed on the fourth of March last that she now makes application under the last act of Congress & states that she is still a widow old & infirm & in need of help to support her sworn to & subscribed before me this 26 th day of October 1848
J W Hampton J.P.
Martha F Foster Mark
State of North Carolina Polk County } I H F Vernon Clerk of the Court of Pleas and Quarter Sessions for Polk County Certify that John W Hampton is a Magistrate as above and that the foregoing signature purporting to be his is genuine in testimony whereof I have hereunto affixed my private seal having no seal of office and subscribed my name this 27 th day of October 1848.
H. F. Vernon Clerk J.P.
Clerk of the Court of Polk County

North Carolina { Personally appeared before me John Polk County } W Hampton as Justice of the Peace for Polk County William Henderson an Old & respectable man & a fit Being duly sworn says he is personally acquainted with Mrs Martha Foster that he & her husband Edmond Foster when he came to this country from Virginia they settled on our Wells of term Edmond Foster lived until he died in the place he settled on near me & her widow Martha Foster has lived at the same place ever since, that she is now a widow & has been since Edmond Foster's death she is very old and infirm me & needs help to make her comfortable in Further States She was a Pensioner until the 4 th of March last Edmond Foster has resided at the same place near forty eight years Sworn to & subscribed before me this 26 th day of October 1848
J W Hampton
William Henderson marks

(8345)
Martha Foster
N.C.
act 7 July 38
adm.
2 yrs pri
80 $
Q
H. Graham A.R.

AR
July 19 th - 1842
J L Edwards Esq
See Inclosed is the Declaration for a Pension for Mrs Hoster widow of Edmund Hoster who was a Pensioner and died I think in 1837 - I presume the papers are satisfactory and that the old lady will receive a Pension -
Respectfully yours
James Graham

1648 Martha Foster $80 per am
Robt G. Twitty Rutherfordton N.C.

North Carolina } Rutherford County }
I Geo. N. Logan Clerk of the Court of Pleas & Quarter Sessions in and for said County Certify that Robert G. Smith whose name appears to the within Decla- -tion and Certificate was an acting Justice of the Peace for said County at the time of his signature thereto and that the same is genuine & his acts as such are entitled to full faith and Credit.
In testimony whereof I have here- -unto affixed the Seal of said Court at office and subscribed my name this 23 rd day of May 1843
Geo. N. Logan CLK

Declaration
in order to obtain the Benefits of the act of Congress of the 3 rd of March 1843 granting Pensions for one year to certain widows who have received Pensions under the act of July 7 th 1838
State of North Carolina
Rutherford County } on this 12 day of May 1843 Personally appeared before me Robt G. Gentry one of the acting Justices of the peace in and for said County Martha Foster a Resident in the County of Rutherford State of North Carolina aged Seventy five years who Being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provisions made by the act of Congress passed on the 3 rd day of March 1843 granting Pensions to widows of persons who served during the Revolutionary war that she is the widow of Edmond Foster who was a private in the army & that she received Eighty dollars per annum from the 4 th March 1836 to the 4 th March 1841 under the act of Congress of 7 July 1838. She further declares that she is still a widow
Sworn to & Subscribed on the day & year above written before Robert G. Gentry Martha his Foster Mark
North Carolina } I certify that I am personally Rutherford County acquainted with Martha Foster who has appeared before me & filed the above Declaration to obtain the benefit of the act of Congress of 3 rd March 1843 she is still a widow as above described this 12 th day of May 1843
Robt G. Gentry